Assessment Report: Brunei Darussalam’s Anti-Money Laundering (AML) and Counter-Terrorist Financing (CTF) Measures
Investigations and Prosecutions
- Brunei’s ML investigations have focused primarily on self-laundering activities, with limited examples of stand-alone ML.
- There were no cases of ML from foreign predicate offenses or ML through legal persons.
Confiscation
- Brunei includes confiscation as an overarching policy objective in its National Strategy.
- LEAs have shown some progress in seizing property with a view to confiscation since the establishment of the Strategy in 2017.
Cash Smuggling
- There are concerns regarding the potential of poor detection of cash smuggling at the borders, especially in the context of Brunei’s largely cash-based economy and the potential for cross-border movement of monies.
Terrorist and Proliferation Financing (TF)
- Brunei authorities place a high priority on combating terrorism and TF, with significant well-coordinated resources to identify and mitigate TF threats.
- There are no TF investigations, prosecutions, or convictions in Brunei to date.
Institutional Structures
- Brunei’s institutional structures and procedures are currently generally adequate for an appropriate response should a TF case be identified, be it domestic or transnational in nature.
Regulatory Frameworks
- Brunei’s legal and operational frameworks are generally sound to implement TF TFS (Transaction Monitoring Systems).
- Authorities have issued guidance, conducted outreach to Reporting Entities (REs), and included TF TFS implementation in their risk-based supervision of REs.
Non-Profit Organizations (NPOs)
- Brunei has assessed its risk and implemented a generally sound regulatory framework to combat the misuse of the NPO sector, particularly those that may be more vulnerable to misuse for TF.
Preventive Measures
- Some of the core elements of preventive measures are in place for Financial Institutions (FI)/Designated Non-Financial Businesses and Professions (DNFBP), but there are remaining gaps with the regulatory framework for preventive measures.
- No comprehensive framework for including Virtual Asset Service Providers (VASPs) in the regulatory framework.
Conclusion
The report highlights that while Brunei has made progress in implementing AML/CFT measures, there are still areas for improvement, particularly in the detection of cash smuggling, the implementation of a risk-based approach for DNFBPs, and the inclusion of VASPs in the regulatory framework.